When it comes to medical negligence claims, one of the most important legal principles is the Bolam test. This test determines whether a healthcare professional has breached their duty of care by failing to meet the standard expected of a competent practitioner.

What Is the Bolam Test?

The Bolam test originates from the landmark case of Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. In this case, the court held that:

“A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art.”

In simpler terms, a medical professional is not considered negligent if their actions are supported by a responsible body of medical opinion, even if other professionals would have acted differently.

Key Elements of the Bolam Test

To apply the Bolam test, courts consider:

• Whether the medical practitioner acted in accordance with a recognised and accepted practice within the relevant field of medicine.
• Whether that practice is supported by a responsible body of medical opinion, not necessarily the majority, but one that is credible and competent.

This means that medical judgment is protected, provided it is based on sound medical reasoning and is not outside the bounds of accepted practice.

Why the Bolam Test Matters

The Bolam test is crucial because it recognises that medicine is not an exact science. Doctors often face complex decisions with no single “correct” answer but must act quickly and decisively. The test ensures that professionals are judged fairly, based on the standards of their peers, rather than with the benefit of hindsight.

It also means that a poor outcome does not automatically mean negligence. What matters is whether the care provided was reasonable and consistent with accepted medical standards at the time.

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The Bolitho Addendum: Logical Scrutiny

The Bolam test was later refined by the House of Lords in Bolitho v City and Hackney Health Authority [1997] AC 232. This case introduced an important qualification:

Even if a body of medical opinion supports the doctor’s actions, the court must be satisfied that the opinion is logically defensible.

This is known as the Bolitho test, and it allows courts to reject expert medical opinion if it is deemed illogical, outdated, or indefensible. It ensures that the Bolam test is not a shield for poor or irrational medical practices.

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Applying the Test: An Example from McGovern v Sharkey

In the Northern Ireland High Court case McGovern v James A Sharkey and Belfast Health & Social Care Trust [2014] NIQB 117, the plaintiff alleged that a delay in diagnosing and treating a retinal detachment led to permanent vision loss.

The court applied the Bolam and Bolitho principles and found:

• The treating consultant’s diagnosis and treatment plan were supported by a responsible body of medical opinion.
• The medical decisions were logically defensible, even though the outcome was poor.
• Therefore, no negligence was established.

This case highlights how the Bolam test protects medical professionals who make reasonable decisions, even in complex or uncertain clinical situations.

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Conclusion: The Bolam Test in Medical Negligence Law

The Bolam test remains a cornerstone of clinical negligence law in the UK. It ensures that healthcare professionals are judged according to the standards of their peers, not by unrealistic expectations or hindsight.

If you believe you’ve been affected by substandard medical care, it’s essential to seek legal advice from a solicitor experienced in clinical negligence. Our team can help assess whether your case meets the legal threshold under the Bolam and Bolitho tests.  Use our online portal to discuss your case with us.

When a driver suddenly loses control behind the wheel—spasms take over, reflexes override intention, or full unconsciousness sets in—courts may entertain the rare defence of “automatism.” At Lacey Solicitors, acting for motor insurers across both Northern Ireland and the Republic of Ireland, we advise on the merits of the Defence of Automatism in Motor Claims time and again.

Judgments in Northern Ireland, England and the Republic of Ireland all remind us that automatism remains a tightly confined exception in civil law: it applies only where a driver’s mind truly surrenders control of the body, without any warning or possibility of self‑intervention.

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The Common‑Law Roots of Automatism in Motor Claims

 

Bratty v Attorney General for Northern Ireland was a Criminal Case, where Lord Denning described an automatic act as one done “by the muscles without any control by the mind” or by someone “not conscious of what he is doing.” That foundational definition has travelled into civil courts on both sides of the Irish border over the years.

Twenty years later, Roberts v Ramsbottom, [1980] 1 All ER 7 sharpened the knife: a driver escapes liability only if his loss of control was complete. Any flicker of awareness—if the driver still held even imperfect command of the wheel—means the defence collapses. In essence, Roberts treats civil automatism much like its criminal counterpart, requiring absolute involuntariness.

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Mansfield’s Shift: From Culpability to Negligence

 

The English Court of Appeal’s 1998 decision in Mansfield v Weetabix offered a more nuanced path. Rather than asking whether the driver was morally culpable, Mansfield focuses on whether he breached the duty of care owed to other road users. If a driver is genuinely unaware—and could not reasonably have been aware—of an incapacitating medical condition, negligence is not made out. This approach avoids slipping into strict liability for unforeseeable medical emergencies.

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Counihan v Bus Átha Cliath: Ireland’s Definitive Statement of Automatism in Motor Claims

 

In the Irish High Court’s 2005 ruling Counihan v Bus Átha Cliath, the bus driver at fault suffered an unexpected blackout caused by sick‑sinus syndrome—an arrhythmia that often strikes without warning. Medical experts confirmed the driver had experienced a total loss of consciousness at the moment of impact.

Judge Clarke in his decision, considered both English cases namely the rigid Roberts standard and the more flexible Mansfield test. He found that, even under the stricter rule of automatism in motor claims, automatism prevailed: there was no glimpse of control to hold the driver negligent. And under Mansfield, the driver had neither the knowledge nor any reasonable ground to suspect his heart condition, so no breach of duty arose.

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When Automatism Will—and Won’t—Succeed

 

Across Northern Ireland and the Republic, case‑law relating to automatism in motor claims threads a consistent theme:

1. Burden of Proof.  The defendant must establish automatism on the balance of probabilities. This is a high threshold, particularly in civil claims where the consequences for claimants can be severe.
2. Total vs. partial control. Automatism only applies if the defendant’s mind abandons control altogether. Any residual awareness or ability to steer—even poorly—undoes the defence (see Broome v Perkins, where a diabetic driver retained enough control to be held liable).
3. Foreseeability. Under Mansfield, insurers should ask: could the driver have known of the condition? A history of episodes, medical warnings or missed prescriptions will erode the defence.  Courts closely examine whether the loss of control was truly unforeseeable. In Green v Haynes [2014], the court rejected the defence where the defendant had felt unwell earlier in the day and chose to drive.
4. Evidence‑intensive. Medical records, expert testimony and precise accident timelines are vital. Insurers must scrutinise GP notes, hospital admissions and any prodromal symptoms—dizziness, ringing in the ears, visual disturbances—that might suggest the driver should have stopped.
5. Licensing duties. Drivers owe an ongoing obligation to inform the DVLA (in Northern Ireland) or the NDLS (in the Republic) of relevant medical conditions. Failure to declare can undermine the argument of unforeseeability.

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Tips for Insurers from Lacey Solicitors Road Traffic Accident Specialists

 

When we advise on the merits of automatism defence we consider the following:

• Gather the medical evidence. Request full disclosure of GP and hospital records, prior diagnoses and prescriptions pre-proceedings.  In NI there is a mechanism by virtue of Section 31 of the Administration of Justice Act 1970 and Order 24 Rule 8 of the Rules of Court of Judicature to obtain relevant notes and records prior to the issue of proceedings.
• Map the accident timeline. Pinpoint the exact moment of incapacitation through CCTV, telemetry data or eyewitness accounts.
• Engage specialists early. Cardiologists, neurologists or endocrinologists can address both blackout causation and warning signs.
• Probe licensing disclosures. Confirm whether the driver properly notified licensing authorities of any condition that could impair driving.
• Challenge prodromes. Look for any evidence—however fleeting—of pre‑accident symptoms that a reasonable driver would heed.

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Crafting a Robust Defence Pleading 

 

When raising automatism as a defence, it is essential to plead the facts and legal basis with clarity and precision. A typical formulation in a Defence  may read as follows:

Denial of Negligence and Plea of Automatism

In the context of the foregoing admissions, it is denied that the Deceased was negligent, whether as alleged by the Plaintiff or otherwise howsoever characterised.

The Defendants will aver that, immediately prior to the collision, the Deceased was suddenly and without warning overcome by a total, involuntary, and disabling medical event, the effect of which was to deprive him of any conscious control over his actions.

It is denied that the Deceased was in breach of any duty of care owed to the Plaintiff, whether at common law or otherwise.

This approach ensures that the defence is properly articulated and that the factual and legal basis for denying negligence is clear.

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Policy Gaps and the Need for Reform

 

While the Motor Insurers’ Bureau (MIB) in the UK and its Irish counterpart the MIBI provide vital compensation for victims of uninsured or untraced drivers, a troubling gap remains in both jurisdictions: there is no dedicated scheme for victims injured by drivers who suffer unforeseeable medical emergencies. When the defence of automatism is successfully raised, even fully insured drivers may be absolved of liability—leaving blameless victims without any recourse to compensation.

This legal reality is particularly harsh for pedestrians, passengers, and other road users who suffer serious, sometimes life-altering injuries through no fault of their own. Unlike victims of uninsured drivers, they cannot turn to any statutory fund or fallback scheme. Their suffering is real, their losses are profound, yet the law offers no remedy.

In Counihan, Clarke J. acknowledged this troubling gap with clarity and compassion:

“Victims struck by drivers who suffer unforeseeable medical emergencies have no dedicated compensation scheme. Unlike collisions involving uninsured motorists, these innocent pedestrians and passengers cannot turn to any special fund.”

He went on to note that addressing this gap is a matter for the Irish Government and not the courts. This observation underscores the limitations of judicial intervention and the urgent need for legislative reform.

Jurisdictions such as New Zealand have already taken steps to address this issue through no-fault compensation schemes, ensuring that victims are supported regardless of fault. Such models offer a blueprint for reform in Ireland and the UK—one that prioritises fairness, compassion, and public confidence in the legal system.

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Conclusion

 

At Lacey Solicitors, we believe that the law must evolve to reflect the realities faced by innocent victims. While the defence of automatism in motor claims serves a legitimate legal function, it should not operate as a barrier to justice. We support calls for a statutory compensation scheme that ensures no victim is left behind simply because the driver who caused their injuries was not at fault.

Automatism in civil motor claims remains an exception so narrow it often feels razor‑edged. Lacey Solicitors stays at the cutting edge—monitoring new judgments, refining evidential strategies and balancing the interests of insurers against the real plight of victims caught in unforeseeable medical crises. By combining rigorous medical scrutiny with a deep understanding of Roberts, Mansfield and Counihan, we ensure that the defence of automatism is reserved solely for those rare cases where a driver’s mind truly, utterly lets go.

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For further insights, contact our team in Belfast & Dublin using our online portal.

If you’ve suffered whiplash in a road traffic accident, one of the first questions you might have is:

“Do I need to go to hospital to make a whiplash claim in Northern Ireland?”

The short answer is no – attending hospital is not a legal requirement to bring a personal injury claim. Indeed, it is not a legal requirement to seek any form of medical intervention before making a claim for compensation.

At Lacey Solicitors, we specialise in whiplash injury claims across Belfast and Northern Ireland. In this article, we explain what medical evidence matters, how a solicitor can support your case, and what steps to take after an accident to secure the compensation that you are entitled to.

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Your Health Is The Priority After a Car Accident

At Lacey Solicitors, we always stress that your health is the top priority. Litigation and claims for compensation should be an afterthought.

According to the NHS, whiplash is a soft tissue injury to the neck caused by sudden movement of the head, most commonly in road traffic collisions, falls, or sports injuries.

Symptoms of whiplash may include:

• Neck pain and stiffness

• Difficulty moving your head

• Headaches

• Pain or muscle spasms in the shoulders or arms

• Delayed onset – symptoms may take hours to appear

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Do I Need to Go To Hospital?

We fully understand that not every injury following a road traffic accident warrants an emergency hospital visit. The NHS is under serious pressure, and many A&E departments across Northern Ireland are experiencing significant delays and limited resources. That’s why, at Lacey Solicitors, our advice is always to “self-assess” your symptoms carefully and consider what level of medical attention is most appropriate.

The NHS recommends the following if you are suffering from whiplash:

• Take painkillers, such as paracetamol or ibuprofen, to help with pain

• Try to continue doing everyday activities – it might hurt a little but it will speed up your recovery

The NHS only recommends that you attend hospital if you have injured your neck and experience any of the following:

• Severe pain despite taking paracetamol or ibuprofen

• Tingling or pins and needles on one or both sides of your body

• Problems with walking or sitting upright

• A sudden “electric shock” feeling in your neck and back which may also go into your arms and legs

• Weakness in your arms or legs

It may be more appropriate to seek advice from a GP or pharmacist in the first instance. This approach not only eases pressure on emergency services but also ensures you receive the right level of care for your situation.

In many cases, you may not need to attend A&E at all. Instead, ask yourself:

• Can the injury be managed with over-the-counter painkillers like paracetamol or ibuprofen?

• Would it be more suitable to wait for a GP appointment within a few days?

• Could it be addressed through physiotherapy, even if there’s a delay of several weeks or months for an appointment?

• Is it safe and reasonable to monitor the symptoms at home in the short term?

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Do I Have to Have the Accident Recorded?

Seeking some form of medical attention – even a brief GP visit – can result in useful documentation that may later support a compensation claim. On some occasions, it may prove beneficial that the injury was recorded and treated appropriately.

However, there is no legal requirement to attend hospital or your GP to have the accident recorded in order to bring a whiplash injury claim in Northern Ireland.

You will need medical evidence to support your case, but an independent medical examination will always be arranged by your solicitor.

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Why Medical Evidence Can Be Useful in Whiplash Claims

To bring a successful personal injury claim, you need to prove:

• That you were injured

• That the injury was caused by the accident

Medical records are a helpful way to establish both. They also help demonstrate the severity of your symptoms, how they have affected your life, and how long your recovery is likely to take. This can influence the amount of compensation you receive.

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How Your Solicitor Helps – Independent Medical Examination

As part of your claim, regardless of whether or not you attended your GP or hospital, your solicitor will arrange an independent medical examination with a specialist consultant. This is a standard step in all personal injury and whiplash compensation claims in Northern Ireland.

During the assessment, the consultant will:

• Discuss how the accident happened

• Review your symptoms and how they’ve developed

• Ask about medical treatment you’ve had – such as attending A&E, seeing your GP, undergoing physiotherapy, or taking medication

• Review your medical history

• Examine your current condition

• Provide a prognosis – an opinion on how long your symptoms may last and whether any long-term impact is expected

This report plays a central role in negotiations with the at-fault party’s insurer and will be used to help value your claim. Your solicitor will manage the entire process on your behalf and ensure that all necessary evidence is gathered to present the strongest case possible to make your whiplash claim in Northern Ireland.

If you did not seek medical intervention and there is no medical documentation, then an insurer may argue that your injuries were not serious or were unrelated to the accident. Similarly, if you did not take any time off work, they may argue that you were fine.

An experienced personal injury solicitor dealing with whiplash claims in Northern Ireland should always be able to counter these arguments, and Lacey Solicitors are well versed in these matters.

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Experienced in Both Personal Injury Claims and Insurance Defence

At Lacey Solicitors, we are uniquely positioned as expert road traffic accident lawyers dealing with whiplash claims in Northern Ireland. We act for both major insurers defending personal injury claims as well as injured individuals seeking to claim compensation.

When defending a case on behalf of an insurer, one of the first areas we investigate is the medical treatment the claimant has received following the accident. This includes reviewing A&E records, GP notes, and any physiotherapy or other care. Medical records can be extremely useful in substantiating the claim, but it would be wrong to say that if there are no medical records, an individual cannot succeed in a claim.

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Some Real Life Examples for Whiplash Claims in Northern Ireland

• We acted for a well-known A&E Consultant who did not seek any medical treatment following his accident. The insurance company suggested that any injury would have been minimal given the lack of treatment sought. We argued that our client, an A&E Consultant and Head of an A&E department in Belfast, was well aware of the treatment he required and managed it personally. The insurance company ultimately accepted our argument and settled the case.

• We acted for a PSNI officer who, as a result of a road traffic accident, lost confidence in driving and wanted to bring a claim for psychiatric injury. He did not seek medical intervention. The insurance company made the usual arguments. We explained that he did not seek medical intervention because he was seeking a promotion at work and any record of psychiatric difficulties could have negatively affected this. The insurance company accepted our argument and settled the case.

• We acted for a lady involved in a very low-speed accident who suffered an injury. She did attend hospital and was prescribed extremely strong painkillers, but this attendance was not noted anywhere. The insurance company made no offer, suggested she did not attend hospital, and argued it was a low velocity accident unlikely to cause injury. We took the matter to hearing in Belfast and were successful, with the judge awarding her £11,000.

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Whiplash Solicitors Belfast – Why Choose Lacey Solicitors

At Lacey Solicitors, we specialise in personal injury and road traffic accident claims, including complex whiplash cases and soft tissue injuries. We have offices in Belfast and Dublin, with dual-qualified solicitors who can handle claims across both Northern Ireland and the Republic of Ireland.

We offer:

• Free initial consultations

• Clear, practical legal advice

• A strong track record in settling whiplash claims fairly

• Support with gathering medical evidence and dealing with insurers

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Conclusion on Attending Hospital for Whiplash Claims in Northern Ireland

You are not required to attend hospital or seek medical treatment to make a whiplash claim in Northern Ireland, but medical evidence can be helpful. In all cases, consider what type of treatment you require—from A&E visits to over-the-counter medication. Once your health is under control, a solicitor can help you take the next steps in pursuing compensation and arrange an independent medical examination.

If you’ve been in a road traffic accident and are unsure about what to do next, contact Lacey Solicitors using our online form, and an expert personal injury solicitor will be in touch soon.

Some workplace accidents are just that – accidents. Not every mishap at work is a legal wrong, and the High Court in Ireland has made that distinction very clear in a recent case involving a stable hand, a wheelbarrow, and a claim that didn’t make it out of the starting gate.

 

In Lawless v. Keatley [2025] IEHC 364, Mr. Justice Twomey dismissed a personal injury claim brought by Mark Lawless, a former stable hand, who said he injured his back while emptying a wheelbarrow of soiled hay at a horse training yard.

So, what was the problem? The Court found the incident was no more than “an unfortunate everyday mishap” – the kind of thing that could just as easily happen in someone’s back garden as on an employer’s premises.

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“If it had happened at home…”

This is the exact comparison Mr. Justice Twomey used to open his judgment, setting the tone for the judgment that followed:

“If this incident had occurred in Mr. Lawless’ home/garden, it would be regarded as an unfortunate everyday mishap or an accident… where no one was to blame.”

It is a powerful means to illustrate the issue; just because something happens at work doesn’t automatically mean someone must be held legally responsible, particularly not the employer or their insurer.

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Common Sense Prevails in Workplace Accident Claims 

Mr. Lawless claimed the injury happened while he was tipping a heavy wheelbarrow on an incline of hay and dung. The Court was not convinced – both in relation to how the injury happened, and also the need for engineering experts to weigh in on something so straightforward.

“A court does not require an engineer to tell it that one should empty a wheelbarrow on the flat… this is basic common sense.”

The Court referred to a similar case, Nemeth v. Topaz Energy Group Ltd, where a woman claimed she injured her knee while bending down at work. That claim was also dismissed, with the Court noting that some things, such as bending down or emptying a wheelbarrow, are so commonplace that they do not need expert analysis.

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“An Employer is not an Insurer of an Employee”

It is a blunt but important reminder.

In other words, just because an employer has insurance doesn’t mean they are automatically liable for every accident that happens on their premises. What matters is whether there was negligence. As the judge put it:

“To put it another way, the presence (or indeed absence) of insurance has absolutely no relevance to the key issue in personal injuries cases. An unfortunate everyday mishap does not become someone’s fault because it happens on the premises of an employer with insurance (or on the premises of a person with means). The test remains has the employer failed to exercise reasonable care? This is the key principle to be taken from the Nemeth case for all businesses, but particularly small businesses, like the individual horserace trainer in this case (who was operating personally and not through a company), when faced with claims for unfortunate everyday mishaps from employees (or indeed members of the public that happen to occur on their premises.”

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The finer details are key – Especially in Pleadings

One issue that seriously undermined Mr. Lawless’ case was how it was Pleaded. His claim about tipping the wheelbarrow on an incline in an unusual manner wasn’t even mentioned in the original court documents. It only showed up years later – after his engineer weighed in.

Under Ireland’s Civil Liability and Courts Act 2004, Plaintiffs are required to plead their cases clearly and in detail.  All Defendants are entitled to know the case which was being made against them and in this case they were not provided with sufficient precision in the pleadings regarding the case they had to answer.  That didn’t happen here, and it was one of the main reasons the Court gave for dismissing the claim.

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Personal Responsibility

Even if the incident happened the way Mr. Lawless later claimed, the Court found he could have avoided it. He had options: ask for the area to be cleared, or level the surface himself. Instead, he chose what the judge called a “most unorthodox manoeuvre.”

“This is not an unsafe system of work, but rather an employee who has no regard for his own safety.”

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Conclusion for Workplace Accident Claims in Ireland

This case is a reminder that common sense is key and not all workplace injuries automatically justify compensation.  Often sited by Plaintiff lawyers is the mantra, “one should not go to work and return home with an injury” as a justification for a claim for damages.

This case is a reminder to all that negligence must be proven, pleadings must be specific and common sense will prevail.

In what is undoubtedly a win for insurers dealing with workplace accident claims in Ireland, Justice Twomey concludes;

“The fact that the employer, or owner of the premises, had the foresight to take out insurance has no bearing on the legal treatment of the accident and that person is not held to be at fault for an unfortunate everyday mishap that could just as easily happen in the home as on his/her premises.”

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Lacey Solicitors – Insurance Lawyers Dublin & Belfast

For employers, particularly in high-risk sectors like agriculture, equine, construction, or hospitality, this decision offers reassurance—but also a crucial takeaway: the need to maintain reasonable systems of work and detailed records, and to ensure all health and safety practices are both proportionate and practical. Ultimately, an employer is not an insurer of their employee, and a compensation claim will only succeed if there is a proven breach of duty.

At Lacey Solicitors, we provide comprehensive Employer’s Liability training sessions, designed specifically for claims handlers, insurance professionals, and in-house legal teams. These sessions focus on the evolving legal standards and procedural nuances of employer liability claims across both Northern Ireland and the Republic of Ireland, ensuring your team is fully up to date with:

• Recent High Court and Court of Appeal decisions dealing with Workplace accident claims in Ireland

• Key case law, including the application of common sense tests in personal injury cases

• Best practices in pleadings, disclosure, and expert evidence

• The impact of procedural legislation, including the Civil Liability and Courts Act 2004

• Strategies for defending speculative or poorly-pleaded claims

As an all-island insurance law firm, Lacey Solicitors has deep, practical experience in navigating claims and regulatory differences between jurisdictions. Whether your organisation is operating in Belfast, Cork, Dublin, or Derry, we understand the legal and commercial realities faced by insurers and employers alike.

Our training is interactive, practical, and completely tailored to your team—whether you prefer in-person sessions, online workshops, or bespoke legal briefings for senior management.

To discuss how Lacey Solicitors can support your claims strategy or arrange a tailored Employer’s Liability training session, please get in touch via the Contact Us  section of our website.

 

 

Legal Advice on Medical Negligence Claims from Lacey Solicitors – Dual-Qualified in Belfast and Dublin

When you visit a hospital, GP, or healthcare clinic, you place your trust in medical professionals to provide safe, skilled, and compassionate care. Thankfully, that trust is well-placed in the vast majority of cases. Both our NHS and private healthcare systems are staffed by highly trained doctors, nurses, and specialists who work under intense pressure to deliver the best possible outcomes.

But when something goes wrong, and that care falls below acceptable standards — resulting in injury, illness, or loss — it may give rise to a medical negligence claim.

At Lacey Solicitors, our team of dual-qualified medical negligence solicitors in Belfast and Dublin has extensive experience handling complex claims across both jurisdictions. Whether your case involves NHS care in Northern Ireland, or a hospital in the Republic of Ireland, we are here to provide clear, confident legal advice.

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What Is Medical Negligence?

Medical negligence, also known as clinical negligence, occurs when a healthcare provider fails in their duty of care and causes avoidable harm. Legally, two key elements must be proven:

• Breach of Duty – The standard of care was below that expected of a reasonably competent medical professional.
• Causation – This breach directly caused the patient’s injury, deterioration, or loss.

Common examples of clinical negligence include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Incorrect medication or treatment
• Failure to obtain informed consent
• Poor aftercare or failure to monitor post-surgery

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Why Are Medical Negligence Cases So Complex?

Unlike accidents at work or road traffic collisions, clinical negligence cases are medically technical and legally challenging. A poor outcome alone is not sufficient to prove negligence. Instead, the patient must demonstrate that:

• The treatment received was substandard compared to a reasonable professional standard, and
• That substandard treatment caused the harm, not just the underlying condition or its progression.

This requires in-depth analysis and expert medical opinion — both of which Lacey Solicitors can arrange as part of your claim.

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The Legal Standard in the UK: The Bolam and Bolitho Tests

In Northern Ireland, the courts apply the Bolam Test, which originated from the landmark 1957 case Bolam v Friern Hospital Management Committee. Under this test:

A medical professional is not negligent if their actions are supported by a responsible body of medical opinion, even if other professionals disagree.

However, the Bolitho decision (1998) added an important condition: the expert opinion relied upon must also be logical and defensible. It is not enough that a group of doctors agree — their reasoning must be sound and based on best practice.

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Informed Consent and Modern Patient Rights

Another critical development in medical negligence law is the emphasis on informed consent. In Montgomery v Lanarkshire Health Board (2015), the UK Supreme Court ruled that:

Doctors must inform patients of any material risks that a reasonable person would want to know.

This overturned older practices where doctors might withhold information under the notion of “therapeutic privilege.” Today, patient autonomy is central — and failing to obtain informed consent may itself amount to negligence.

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The Irish Legal Test: The Dunne Principles

In the Republic of Ireland, the legal threshold is slightly different. The leading authority is the 1989 case Dunne v National Maternity Hospital, which states:

A medical professional is negligent if they acted in a way that no equally qualified professional would have, if exercising ordinary skill and care.

This standard was confirmed as recently as 2020 in Morrissey v HSE & Others and remains the cornerstone of Irish clinical negligence law. It sets a higher bar than NI’s Bolam/Bolitho test, making expert witness support even more essential in Irish cases.

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The Role of Expert Medical Evidence

At Lacey Solicitors, we work with experienced, independent medical experts who can:

• Assess whether the care fell below standard
• Provide insight into whether this breach caused harm
• Explain whether alternative treatment could have prevented the outcome

Their reports form the foundation of your case and are essential to success.

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Time Limits: Don’t Miss the Deadline

Strict time limits apply to medical negligence claims:

• Northern Ireland: You must start legal proceedings within 3 years of the date of negligence, or the date you first became aware of it.
• Republic of Ireland: The limitation period is generally 2 years.

To avoid losing your right to claim, we recommend seeking legal advice as soon as possible.

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Why Choose Lacey Solicitors for a Medical Negligence Claim?

With offices in Belfast and Dublin, Lacey Solicitors offers a unique cross-border service. Our dual-qualified team understands the differing laws, procedures, and court systems in both the NI and ROI — a vital advantage in medical negligence cases that involve treatment across jurisdictions.

We can help you with:

• NHS and HSC Trust medical negligence claims
• Private hospital treatment failures
• GP misdiagnosis or delayed referral
• Birth injury or paediatric claims
• Cross-border or international healthcare issues

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Our Approach to Medical Negligence Claims

✅ We listen carefully to your story
✅ We explain your legal options in plain English
✅ We gather the necessary medical evidence and reports
✅ We fight for fair compensation and justice in your medical negligence claim

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Contact Lacey Solicitors Today

If you or a loved one has suffered due to medical negligence in Northern Ireland or the Republic of Ireland, we are here to help.

📧 Email: info@laceysolicitors.com
🌐 Website: www.laceysolicitors.com

Trust our experience. Let us help you move forward.

Overview

In Owen McFerran v Sean O’Connor, The Chief Constable of the PSNI, and The Northern Ireland Ambulance Service ([2025] NICA 35), the Northern Ireland Court of Appeal delivered an interesting judgment on the use of split trials in personal injury litigation. The court upheld the High Court’s refusal to order a Split Trial, reinforcing the principle that such orders remain exceptional and must be justified by clear procedural or substantive advantages.

This article explores the factual background, procedural developments, and wider implications of the Court of Appeal’s decision—particularly its impact on the appetite for split trials in serious injury cases as well as the suitability of mediation.

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Factual Background

The case arose from a tragic road traffic incident in January 2018. The plaintiff, Owen McFerran, then aged 21, was walking along the Moneynick Road with his girlfriend, Shannon McQuillan, when both were struck by a van driven by the first defendant, Sean O’Connor. Ms McQuillan died at the scene, and Mr McFerran sustained catastrophic brain injuries.

Earlier that night, the couple had been involved in an incident requiring ambulance and police intervention. Ms McQuillan, heavily intoxicated, had been removed from the ambulance after becoming abusive. The couple were left at a bus stop and began walking along the unlit road where the collision occurred.

Proceedings were issued against the driver, the Chief Constable of the PSNI, and the Northern Ireland Ambulance Service. Each defendant denied liability, and contributory negligence was pleaded against the plaintiff.

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Procedural History and Appeal

Initially, Master Bell ordered a split trial, with liability to be determined first. However, this was overturned by Colton J in the High Court, who found that the complexity of the liability issues did not justify separating them from quantum.

The First Defendant appealed, arguing that the judge gave undue weight to the plaintiff’s brain injury, applied the wrong legal test, and failed to properly consider the overriding objective under Order 1 Rule 1A.

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Why Split Trials in Northern Ireland May be Requested

It is common for parties in complex personal injury compensation claims to request a split trial, particularly in cases of substantial value. There may be various reasons, including:

• Disputes on liability,
• Complex issues relating to causation, or
• The fact that quantum simply cannot be assessed for many years due to the claimant being a child or the injury being so severe that the full extent will not be known for some time.

Usually, the issue of liability is tried first. The courts in the past have been keen to accommodate this if it can be shown that a split trial would not only save time, but also costs, whilst serving the interests of those involved. Each case turns on its own facts and circumstances.

Split trials can offer practical advantages:

• Shorter initial hearings: The liability phase of a split trial typically requires less court time than a full trial, making it easier to schedule and potentially bringing forward hearing dates.
• Early resolution: If liability is resolved early—either through judgment or settlement—parties may avoid the need for a quantum hearing altogether.
• Focused preparation: Parties can concentrate resources on the most contentious issues first, which may lead to more efficient litigation overall.

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Court of Appeal’s Decision

The Court of Appeal, led by Keegan LCJ, dismissed the appeal. The court reaffirmed that split trials are exceptional and the default remains a single trial unless there is a “real and substantial advantage” in splitting.

The court found that the presence of three defendants, differing legal duties, and factual disputes made it unlikely that a liability-only trial would dispose of the case. The trial judge had properly exercised discretion, considering delay, cost, and the need for active case management.

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The Waning Appetite for Split Trials in Northern Ireland

The McFerran decision reflects a broader judicial trend: the courts are increasingly reluctant to order split trials, especially in cases involving catastrophic injuries and multiple defendants. This reluctance stems from the recognition that:

• Overlap of Evidence: In many cases, the evidence relevant to liability is deeply intertwined with that required to assess quantum. Splitting the trial risks duplication of effort and the need for witnesses to give evidence twice.
• Cost Efficiency: The courts are guided by the overriding objective to deal with cases justly and efficiently. Separate trials can lead to increased legal costs, procedural delays, and inefficient use of court resources.
• Settlement Prospects: A single, unified trial often enhances the likelihood of settlement. When all issues are on the table, parties are better positioned to evaluate risk and negotiate resolution.

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A Brief Note on Mediation

It is not unreasonable for the party against whom complex legal claims had been made to maintain its entitlement to have those issues resolved by the court.  That said, this case invites reflection on the role of mediation in complex personal injury litigation.

The Northern Ireland Courts and Tribunals Service Digital Modernisation Plan, launched in 2021 by Sir Declan Morgan and Naomi Long, places ADR at the heart of its Vision 2030 strategy. The NICTS portfolio of Modernisation Programmes for delivery is now known as Vision 2030 (whose oversight committee includes which includes the Lady Chief Justice, the Department of Justice Permanent Secretary and the NICTS Acting Director and our own Mr Ruaidhrí Austin, Partner), aims to expand ADR use across the justice system.

In McFerran, the need for judicial resolution on liability likely outweighed the benefits of early mediation but it must be said that the virtues and advantages of mediation and other forms of alternative dispute resolution (ADR) are now almost universally recognised. Mediation has flourished in a legal landscape where civil litigation—despite decades of reform—continues to suffer from the three persistent mischiefs of expense, delay, and uncertainty.

Mediation is often promoted as a cost-effective alternative to trial however, mediation is not without its drawbacks. In high-value, multi-party cases like McFerran, the costs of mediation can be significant, and its effectiveness may be limited where parties seek judicial determination on fundamental legal issues.  In such cases, mediation may prove to be procedurally complex, time-intensive, and expensive..  An unsuccessful mediation could add a very significant additional layer to the costs of the proceedings not to mention the mediator’s fees.  The party who ultimately lost the litigation would likely have to bear those additional costs.  Arguably, one or more of the Defendant’s could argue that it would be wholly unreasonable to expect them to accept an invitation to mediate when, depending on the outcome of the liability issues, they might never have to address the damages claim at all.

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Lacey Solicitors – Insurance Lawyers

At Lacey Solicitors, we have a track record of advising and representing insurers in complex and high-value personal injury litigation across Northern Ireland and the Republic of Ireland. Our firm has roots firmly in Insurance, and we understand the commercial, procedural, and reputational considerations that arise in these cases.

The decision in McFerran v O’Connor reinforces the importance of active case management and strategic litigation planning from the outset — particularly in multi-defendant claims or those involving catastrophic injury. Our team regularly advises insurers on:

• The merits of requesting (or resisting) a split trial;

• Liability risk analysis and evidential preparation;

• ADR options, including when mediation may or may not be appropriate;

• Trial strategy, cost containment, and long-term file resolution planning.

We are trusted by Irish insurers for clear, tactical advice and robust representation.

If you wish to discuss this case or another complex personal injury matter, please use our online portal.

A stark reminder is a case dealt with by our own office where an individual with over £200,000.00 in one bank account sought to rely on impecuniosity after an accident in 2020.  He was a businessman who owned two chinese restaurants and sucessfully argued that those funds were savings that he would not sacrifice in the middle of a pandemic where the future was uncertain.

Lacey Solicitors was proud to be among Ireland’s elite legal firms at the 2025 LEAP Irish Law Awards, in Dublin. With more than 500 legal professionals in attendance and hosted by the charismatic Anton Savage, this black-tie event celebrated the highest standards of excellence in Irish law.

We’re honoured to have been named finalists in four major categories, highlighting our deep expertise, client-focused service, and commitment to innovation. Though we didn’t leave with a trophy this time, being recognised on such a prestigious platform affirms why we’re consistently named among the best solicitors in Belfast and top injury and insurance lawyers in Dublin.

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Lacey Solicitors Belfast – Finalists in Four Prestigious Categories

At Lacey Solicitors, our recognition in multiple award categories underscores our leadership in insurance litigation, civil law, and property law throughout Ireland and Northern Ireland:

1. Civil Litigation Firm of the Year
   Renowned for handling complex insurance litigation with skill and precision, our team in Belfast and Dublin delivers strong courtroom performance and strategic case management.

2. Excellence & Innovation in Client Services
   Our LEXCEL-accredited approach combines technology, responsiveness, and exceptional care—whether we’re handling credit hire claims, catastrophic injury claims, or technical policy coverage disputes.

3. William Wilson – Property Lawyer of the Year (Finalist)
   Recognised for excellence in residential and commercial property law, William Wilson has become a go-to legal advisor for investors and landlords navigating complex transactions.

4. Ruaidhri Austin – Personal Injury Lawyer of the Year (Finalist)
   Ruaidhri’s commitment to justice, backed by a strong defence background and a passion for personal injury advocacy, resulted in him being nominated as one of the best injury lawyers in Ireland.

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Two Offices, One Mission: Legal Excellence Across Ireland

With strategically located offices in Dublin and Belfast, we’re proud to provide clients with top-tier legal support in both jurisdictions. Whether you’re dealing with an accident at work, a motor claim, or a major property transaction, Lacey Solicitors is ready to help.

Dublin Office: Ormond Building, 31–36 Ormond Quay Upper, D07 EE37
+353 1 5134375

Belfast Office: 3rd Floor, 18–22 Hill Street, Cathedral Quarter, BT1 2LA
+44 28 9089 6540

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Our Services – What Makes Us one of the Best Injury Lawyers in Belfast

Lacey Solicitors provides a comprehensive range of legal services for individuals, insurers, and businesses.

Every claim is managed with a tailored, results-driven approach that prioritises client outcomes while navigating the complexities of Irish and UK legal systems.

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Recognised, Respected, Recommended

As finalists in the 2025 Irish Law Awards, we stand alongside the top firms who are shaping the future of the legal profession in Ireland. Winners like Callan Tansey, Byrne Carolan Cunningham LLP, Blake & Kenny LLP, and Hugh J Ward & Co Solicitors are worthy peers in an increasingly competitive field.

Lacey Solicitors is proud to be recognised as part of this legal elite. Our work reflects the values celebrated at the awards: service, innovation, resilience, and integrity.

“We are incredibly proud to be finalists in four prestigious categories this year. Our team works tirelessly to deliver exceptional legal service, and we’re particularly pleased to see William Wilson and Ruaidhrí Austin recognised for their dedication and expertise.”
— Terry Lacey, Senior Partner

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Why Choose Lacey Solicitors?

If you’re searching for the best solicitor in Belfast or the best injury lawyer in Dublin, here’s why clients across Ireland and Northern Ireland consistently choose Lacey Solicitors:

• Decades of Combined Legal Experience
  Our seasoned team delivers expert guidance, grounded in years of handling complex legal matters and securing successful outcomes.

• Leading Personal Injury and Insurance Law Specialists
  From motor and public liability to catastrophic injuries and industrial disease claims, we offer deep expertise in personal injury litigation.

• Firmly Rooted in Insurance Law
  Our background lies in representing major insurers, which gives us a strategic edge when advocating for individuals. We understand how insurance companies operate — and use that insight to protect and maximise your claim.

• Members of the Association of Personal Injury Lawyers (APIL)
  As proud members of APIL, we adhere to the highest standards of legal practice, client care, and ongoing training in personal injury law. This ensures our clients benefit from the most current, effective representation available.

• National Recognition at the 2025 LEAP Irish Law Awards
  Finalists in four major categories, including Civil Litigation Firm of the Year and Personal Injury Lawyer of the Year, reflecting our leadership and impact in the legal sector.

• A Personal, Responsive Service Model
  We take the time to understand your unique circumstances, provide regular updates, and tailor our legal strategy to your needs.

• Cross-Border Expertise
  With offices in both Dublin and Belfast, we provide seamless service for clients with cases spanning the Republic of Ireland and Northern Ireland.

• Full-Service Claims & Litigation Handling
  From initial investigation through to courtroom representation and settlement, we manage everything — including policy coverage advice, recovery actions, and cradle-to-grave claims.

• Client-Focused Legal Innovation
  Leveraging the latest legal technologies, we offer efficient, transparent, and cost-effective services.

• Award-Winning Individual Talent
  Senior solicitor Ruaidhrí Austin was named a finalist for Personal Injury Lawyer of the Year, and William Wilson for Property Lawyer of the Year, showcasing the depth of talent within our team.

• Respected by Individuals, Insurers & Businesses Alike
  Trusted across sectors, we’ve built our reputation on results, professionalism, and client-first values.

• Clear, Strategic Legal Advice
  No jargon. No delay. Just practical, results-oriented legal guidance at every stage of your claim or case.

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Contact Us – Speak to a Solicitor Today

Are you in need of experienced legal advice and want to speak to a firm who’s solicitors were nominated as the best solicitors in Belfast? Don’t settle for anything less than award-level service.

Visit our website to Enquire Today
Or reach us directly via our Contact Page

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Lacey Solicitors – Legal Solutions, Delivered with Excellence.
Trusted Across Belfast & Dublin | Expert. Strategic. Client-Focused.

 

At Lacey Solicitors in Belfast, we help clients navigate the often confusing world of motor insurance and car crash claims. In recent years, we’ve seen a sharp increase in clients seeking the services of accident management companies (AMCs). While these companies can provide much-needed assistance following a crash, there are also serious risks involved.

This article provides a brief look at how AMCs work, the pros and cons of using them after a car crash, and the legal and financial implications involved—especially when it comes to credit hire agreements.

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What Are Accident Management Companies and Why Do People Use Them After a Car Crash?

An Accident Management Company (AMC) offers post-accident services to drivers. This includes:

• Reporting the crash to your insurance company
• Recovering the damaged vehicle
• Providing a temporary replacement (credit hire)
• Managing repairs
• Dealing with insurers
• Recovering uninsured losses
• Assisting with personal injury claims

AMCs are especially attractive to businesses with vehicle fleets or private motorists who want to avoid dealing directly with their insurance company or worry about losing their no-claims bonus after a car crash.

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Benefits of Using an Accident Management Company

1. One-Stop Service
   AMCs undoubtedly simplify the process by handling everything after a car crash—from recovery to legal claims—so you can focus on recovery or getting back on the road.
2. No Upfront Costs (in Non-Fault Crashes)
   In most situations where you are not at fault in a car crash, you do not pay upfront for the replacement vehicle or repairs. These costs are recovered by the AMC from the at-fault party’s insurer.
3. Little Impact on Your Insurance Premium
   Unlike traditional insurance claims, involving an AMC after a crash may help you avoid a hit to your no-claims bonus or an increase in your premiums.
4. Quick Recovery and Replacement
   Your damaged vehicle is towed quickly, and a temporary replacement is often provided within 24 hours of the crash, limiting business or personal disruption.
5. Expert Accident Claims Handling
   AMCs employ specialists and normally work with the best road traffic accident lawyers who know how to negotiate car crash claims and legal issues efficiently.

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The Risks: What Lacey Solicitors Is Seeing More Often

The majority of AMCs provide a premium service to their customers. often at a stressful time in their lives.  Despite this however, we have seen a significant rise in complaints related to the services and conduct of AMCs after car crashes.

Common problems include:

Poor Communication and Informed Consent

We’ve seen many cases where clients were not told they were leaving their motor insurance cover.  Many drivers are unaware of the terms and conditions of the credit hire agreement they are entering into. Many believe that the AMC is actually their insurer.  This often happens when drivers are referred to an AMC after reporting their crash to an insurer or broker, unaware they are now dealing with a third-party provider.

Financial Liability If The Insurer Refuses to Pay

Many drivers do not understand the risks or responsibilities of credit hire after a car crash.  If the at-fault driver’s insurer denies liability or disputes the costs claimed by the AMC, you may be personally responsible for the hire charges or repair costs after the crash depending on the terms and conditions of your agreement.

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How Credit Hire Works — And Why It Can Backfire After a Crash

In most cases, a non-fault driver receives a like-for-like hire vehicle from the AMC after a car crash. You sign an agreement stating that you won’t be charged unless the at-fault insurer refuses to pay.

The risks?

• If liability for the crash is disputed, the third-party insurer may not pay at all
• You may have to go to court—or worse, you may be asked to pay the bill yourself
• Claims for high-end vehicles (e.g. a Tesla Model 3 for 3+ months) have been challenged for being excessive, unnecessary or poorly managed

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Key Legal Issues in Credit Hire Disputes

At Lacey Solicitors, we act on behalf of insurers and AMCs and regularly advise on credit hire claims. Four common issues emerge in car crash-related cases:

1. Need

Was a replacement vehicle actually necessary? Courts will consider:

• Whether you had another car available
• Your daily mileage
• Public transport alternatives

2. Duration

Was the vehicle hired for longer than necessary? Delays caused by you or the AMC on your behalf can reduce the compensation recoverable following the crash.

3. Hire Rate

AMCs offer a premium service and ask for no money upfront.  For that reason they often charge credit hire rates, which are higher than normal and higher than you might find from a high street provider. Unless you can prove impecuniosity (financial hardship), you may only be entitled to claim the basic hire rate (BHR)—i.e. the rate of a high street provider.

4. Impecuniosity

To justify full credit hire costs, you must prove, that as a matter of priorities, you couldn’t afford a hire car from a high street provider after the crash. Courts require documentary evidence such as:

• Bank statements
• Payslips
• Regular monthly expenses

Without this, your claim for the full hire cost may be reduced or rejected.

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When Should You Avoid an AMC After a Car Crash?

You should think twice about using an AMC if:

• You have another vehicle or public transport access
• Liability for the crash is unclear
• You are unclear about the terms and conditions of credit hire

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How to Protect Yourself After a Crash

• Ask for Full Details: Get written information about what you’re signing and a copy of any agreement.
• Speak to a Solicitor First: Before entering into a credit hire or repair agreement after a car crash, get legal advice—especially if liability is in dispute.  Most road traffic accident solicitors will be able to guide you to a reputable AMC.
• Request Transparency: Ask the AMC directly who is liable if the third-party insurer refuses to pay or if a court finds you liable.

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Our Experience and How We Can Help

At Lacey Solicitors in Belfast, we represent individual motorists, business fleets, brokers and insurers facing legal challenges after a crash. We offer:

• Legal representation in credit hire disputes
• Advice on whether to use an AMC following a car crash
• Support in claims for hire/repair costs as well as defending such claims

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Conclusion: AMCs Can Help After a Car Crash — But Only If You Know the Risks

Accident management companies can provide essential services—particularly in non-fault car crashes—but not all AMCs are created equal. Unclear agreements, lack of disclosure, and liability disputes can quickly turn what you thought was a simple “free” replacement car into a costly legal battle.

If you’ve been involved in a crash and are unsure whether to use an accident management company, or if you’re facing a credit hire dispute, contact our experienced team at Lacey Solicitors.

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Need help with a credit hire or crash-related claim? Call us today at 028 90 896540 or email info@laceysolicitors.com.

Use our online portal for expert advice on car crash claims and insurance law in Belfast and Dublin.